Request For Hearing

PLEASE READ: Important Information Before Requesting a HearingUnder New Mexico law nearly anyone affected may request a hearing regarding a health insurance rate decision by the Superintendent of Insurance.1

If you are considering requesting a hearing, you must understand that this is a significant responsibility. You become a party to the hearing and will need to be represented by an attorney, provide for expert witnesses such as actuaries and pay for the development of substantial evidence as well as witness fees and legal fees. These activities are both very demanding of time and money. Traditionally, staff lawyers from the New Mexico Attorney General’s office represents consumers in insurance rate hearings, but others can choose to seek a hearing or intervene in an already scheduled hearing.

1 Per section 59A-4-15B-D NMSA 1978, “The superintendent shall hold a hearing… upon written request for a hearing by a person aggrieved by any act, threatened act or failure of the superintendent to act or by any report, rule, regulation or order of the superintendent, other than an order for the holding of a hearing or order on hearing or pursuant to such an order on a hearing of which such person had notice.
C. The request for a hearing shall briefly state the respects in which the applicant is so aggrieved, the relief to be sought and the grounds to be relied upon as basis for relief.
D. If the superintendent finds that the request is made in good faith, that the applicant would be so aggrieved if the stated grounds are established and that such grounds otherwise justify the hearing, the superintendent shall commence the hearing within thirty days after filing of the request, unless postponed by mutual consent. No postponement shall be later than ninety days after the filing of the request. “